A cause for concern

Editorial Board

This country was founded on basic principles of openness, representation and due process.

That’s the theory at least.

Doesn’t always happen that way, though. A system of dark corners and closed doors on college campuses is one glaring example of that which can — and has — go wrong.

That’s the judicial system embedded on most college campuses. It’s a system that takes up criminal activity — most prominently rape — holds trials and hands down sentences. Ask yourself: Did I know that if a sexual assault occurred on campus a group of students and faculty members — not juries, judges or lawyers — could try the case and decide appropriate punishment? We’d venture a guess that many of you do not.

But it’s that way on most major college campuses — this one included. There’s now a national push to open campus courts. Here’s why:

In theory, a young female student could get raped on campus and instead of going through the regular, lengthy criminal procedure — complete with the proper investigations and fact-checking — she could opt for the quicker, less embarrassing campus court procedure.

It sounds easier. It sounds like a perfect alternative to the wrenching criminal procedure.

But the problems are many. What if he didn’t do it? It’s his word against her’s and there just ain’t a lot of investigating. What if he did do it and the group of students and faculty — with their limited legal knowledge — find differently?

What if the truth prevails, meaning on the one extreme that he’s found guilty because he did do it? The penalty? It’s likely a maximum sentence of some sort of fine and suspension or expulsion. That’s for rape, no less. There’s no prison time, no probation, no criminal record, no sentence you typically associate with a criminal offender.

Maybe there’s never been a case like this here. Maybe there’s never been a case like this in any of the screwed-up campus court systems out there. We hope that’s true, though we wouldn’t put money on it. But the point here is that we don’t know. And there’s no way we can know because major colleges have been allowed for decades to dish up justice behind closed doors.

That’s not right. It’s contrary to the principles of a democracy, and it should cause you some concern.